Lake debate sparks fiery exchange at Lunenburg district council

The mayor for the District of Lunenburg lost his temper with a councillor Tuesday and declared anyone who felt slandered by the councillor’s words could take legal action.

Don Downe told Coun. Frank Fawson he had made “disparaging comments about not only a person who has a great deal of respect amongst most of the people on this council but a lot of people in Lunenburg County and your comments are not accurate. And they’re not allowed in this chamber.”

He told Fawson, “I’m not allowing those comments in this chamber, do you understand that, councillor?”

As Fawson continued to try to talk, Downe said, “I’m warning you now … I’m warning you now, you are now to stop.”

Downe said Fawson’s behaviour was “inappropriate,” and that he should apologize to anyone who felt offended. He then called a vote to see if Fawson should be allowed to continue to speak.

The entire council said no.

The issue under discussion at the time was public access to a lake. It’s been on the agenda a number of times over the years as councils have tried to figure out how to facilitate residents accessing lakes either through land the municipality owns or by abandoned or private roads.

The committee of the whole was considering a motion that council should look at Old Veinot Road as a potential access point to Sherbrooke Lake outside New Germany. But Fawson wanted an amendment so that other options would also be considered.

“The lake is big enough there should be more than one access point in my opinion. It’s one of the biggest lakes in the province,” he said.

Fawson said council should consider an abandoned public road that leads from Barss Corner Road to Sherbrooke Lake and has a lot on it that’s owned by the municipality and is about 150 metres from the lake.

“What this means is there’s no need to travel on a private road to access Sherbrooke Lake. There’s a public road on the lake. So the question for me is why is this possibility not being explored?” he asked.

Then he started talking about a connection between that road and former municipal warden Jack Wentzell, which sparked the fiery exchange and the vote to silence Fawson.

Downe told councillors that unlike in the provincial legislature or federal House of Commons, municipal representatives are not covered by privilege at the council table.

“If individuals feel slandered they can proceed … with a legal process because of what’s been said here today if you wish. That’s up to the individual. There’s no privilege by being here. If you are out to make comments that are … inappropriate, you’re subject to a court of law,” the mayor said.

The municipality’s lawyer, J.C. Reddy, confirmed that. “Any discussions that are had in open session are not subject to privilege,” he said.

If a councillor wants them privileged, Reddy said he can ask that they be discussed privately, but only certain issues are allowed to be discussed behind closed doors.

The province also confirmed Downe’s stance. “There is no privilege for councillors at the municipal level at council meetings,” said Tracy Barron of Service Nova Scotia and Municipal Relations.

In the end, the committee of the whole recommended that council pursue Old Veinot Road as the access point to Sherbrooke Lake and that it consider setting funds aside in the upcoming budget to show its intention to do something about the road.